Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Bradley

United States District Court, M.D. Tennessee, Nashville Division

June 22, 2017

UNITED STATES OF AMERICA,
v.
BENJAMIN EDWARD HENRY BRADLEY

          ORDER OF FORFEITURE CONSISTING OF MONEY JUDGMENT and PRELIMINARY ORDER OF FORFEITURE

          ALETA A. TRAUGER United States District Judge

         Before the court are the United States' Motion for Entry of a Preliminary Order of Forfeiture (Doc. No. 858) and Motion for an Order of Forfeiture of at Least a $1, 000, 000 United States Currency Money Judgment (Doc. No. 861). The motions have been fully briefed and are ripe for review. Neither party has requested an evidentiary hearing.

         For the reasons set forth in the accompanying Memorandum, the United States' motions (Doc. Nos. 858, 861) are GRANTED, and the court ORDERS as follows:

         1. A preponderance of the evidence establishing that the foreseeable amount of the proceeds of the drug-disribution conspiracy to which the defendant has pleaded guilty is at least $1, 000, 000.00 and that the foreseeable value of property involved in the money laundering conspiracy to which the defendant pleaded guilty is at least $1, 000, 000.00, this Order of Forfeiture Consisting of a Money Judgment in the amount of $1, 000, 000.00 United States Currency (“Money Judgment”) is HEREBY TAKEN against defendant Benjamin Bradley, jointly and severally with any other co-conspirator against whom a similar money judgment is taken as to the Indictment in this matter. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Order of Forfeiture Consisting of a Money Judgment shall become immediately final as to the defendant upon entry and shall be made part of the sentence and included in the Judgment. Pursuant to Rule 32.2(c)(1), “no ancillary proceeding is required to the extent that the forfeiture consists of a money judgment.”

         2. Insofar as some portion of the $1, 000, 000.00 derived from or connected with the crimes of conviction, as a result of the defendant's or his co-conspirators' acts or omissions, either cannot be located upon the exercise of due diligence, has been transferred or sold to, or deposited with, a third party, has been placed beyond the jurisdiction of the court, has been substantially diminished in value, or has been commingled with other property not easily divisible, the United States may engage in discovery in accordance with the Federal Rules of Civil Procedure in an action or claim for a debt to identify additional substitute assets having a value up to $1, 000, 000 United States currency, as authorized by 28 U.S.C. §§ 3001(a)(1) and 3015 and by Rule 32.2(b)(3) of the Federal Rules of Criminal Procedure.

         3. As the result of the acceptance of the plea of guilty, this Preliminary Order of Forfeiture is HEREBY ENTERED against defendant Benjamin Bradley, who shall forfeit to the United States his interest in the following:

(a) Approximately $46, 300.00 United States currency seized from 15540 Prevost Street, Detroit, Michigan on March 12, 2015;
(b) Approximately $78, 300.00 United States currency seized from 45669 Harmony Lane, Belleville, Michigan on March 12, 2015;
(c) Real property commonly known as 14425 Curtis, Detroit, Michigan 48235, and more particularly described in the Exhibit A attached to the United States' Bill of Particulars for Forfeiture of Real Property (“Exhibit A”) (Doc. No. 432-1).
(d) Real property commonly known as 14427 Curtis, Detroit, Michigan 48235, and more particularly described in Exhibit A.
(e) Real property commonly known as 16617 Leisure, Detroit, Michigan 48235, and more particularly described in Exhibit A.
(f) Real property commonly known as 15355 Ohio Street, Detroit, Michigan 48238, and more particularly described in Exhibit A.
(g) Real property commonly known as 45669 Harmony Lane, Belleville, Michigan 48111, and more particularly described in Exhibit A.

         (The parcels of real property identified herein are collectively referred to below as ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.